Political theory in historical context. Reflections on Democratic Justice and the Social Contract by Albert Weale

In Democratic Justice and the Social Contract, Weale defends a contractarian theory of social justice following what he calls the ‘empirical method’, which consists in grounding ethics and politics on the observation of concrete examples of social contracts, rather than abstract speculations. In this paper, I will make three critical remarks. First, the empirical method is open to the same objections usually raised against more abstract approaches to social contract theory: by an appropriate choice of the starting point, one can justify any ethical or political position. Second, Weale’s focus on the societies that were successful in managing common pool resources appears arbitrary: other social organizations (e.g. hunters and gatherers societies) would be a more obvious choice. Finally, in following the empirical method, philosophers must be willing to import into ethics and politics the same problems of interpretation one encounters in theoretical social sciences. As an example, I will show that Weale’s position on the welfare state depends on the interpretation he gives of some practices observed in the societies he chooses as models. Different interpretations of the same practices would induce Weale to revise his positions.